This
shall serve as a binding legal agreement ("Agreement")
between you and EliteMate.com. Please read this Agreement carefully
before registering as a member of EliteMate.com. By registering
with EliteMate.com, you become a member of the Service (a "Member"),
and you agree to be bound by the terms and conditions of this Agreement
(the "Terms"). If you do not agree to the terms, DO NOT
register with EliteMate.com.
The terms and fees for the service are subject
to change by EliteMate.com at any time, effective upon notice to
you. To become a member you must be 18 years of age or older. When
you register, and from time to time thereafter, EliteMate.com will
require that you provide sufficient information to indicate that
you are at least 18 years old. By becoming a Member, you represent
and warrant that you are at least 18 years old. Use by individuals
under the age of 18 is strictly prohibited.
Your membership with EliteMate.com is limited
to your sole and personal use. You may not authorize others to use
your membership, and you may not assign or otherwise transfer your
account to any other person or entity. Your EliteMate.com membership
may be terminated at anytime and for any reason, by you or by EliteMate.com.
Termination is effective upon receipt of written notice to the other
party. EliteMate.com reserves the right to immediately suspend or
terminate your access to EliteMate.com, without notice, upon any
breach of this Agreement by you.
ELITEMATE.COM ONLINE CONTENT
WARNING: It is possible that other EliteMate.com
Members or users (including unauthorized users, or "hackers")
may post or transmit offensive or obscene materials on the EliteMate.com
service and that you may be involuntarily exposed to such offensive
and obscene materials. It also is possible for others to obtain
personal information about you due to your use of the Service, and
that the recipient may use such information to harass or injure
you. EliteMate.com, its officers, agents, employees, et al. shall
not be responsible for the use of any personal information that
you may choose to disclose on the Service. Please be cautious in
selecting the type of information that you post on the EliteMate.com
service or release to others. Offers, statements, opinions, advice
or other information or content made available through the EliteMate.com
service are those of their respective authors and not of EliteMate.com,
and should not necessarily be relied upon. Such authors are solely
responsible for such content. EliteMate.com does not guarantee the
accuracy, completeness, or usefulness of any information on the
service and neither adopts nor endorses nor is responsible for the
accuracy or reliability of any opinion, advice or statement made.
Under no circumstances will EliteMate.com, its officers, agents,
employees, et al. be responsible for any loss or damage resulting
from anyone's reliance on information or other content posted on
the EliteMate.com service, or transmitted to EliteMate.com members.
EliteMate.com reserves the right, but has
no obligation to monitor the materials posted in the public areas
of the EliteMate.com service. EliteMate.com shall have the right
to remove any such material that violates, or is alleged to violate,
any federal, state or common law, or this agreement. Notwithstanding
this right of EliteMate.com, you remain solely responsible for the
content of the materials you post on EliteMate.com and in your private
email messages. EliteMate.com will treat e-mails sent between you
and other EliteMate.com members that are not readily accessible
to the general public as private to the extent required by applicable
law.
MEMBER'S ONLINE CONDUCT REQUIREMENTS
You are solely responsible for maintaining
the confidentiality surrounding your user name and password and
for any and all activities that are conducted through your account..
As a Member, you agree that:
You are solely responsible for the content
or information you publish or display (hereinafter, "post")
on the EliteMate.com service, or transmit to other EliteMate.com
Members. EliteMate is monitored for quality control
purposes.
You will NOT include in your Member profile
any telephone numbers, street addresses, last names, messenger
ID's, URL's or e-mail
addresses. You will NOT post on the EliteMate.com service, or transmit
to other EliteMate.com Members or Employees, any patently offensive,
defamatory, inaccurate, abusive, bigoted, obscene, profane, offensive
sexually oriented, threatening, harassing, pornographic, exploitative
of individuals under the age of 18, racially offensive, or illegal
material, or any material that infringes or violates another party's
rights (including, but not limited to, intellectual property rights,
and rights of privacy and publicity). You will not provide or disseminate
instructional information about illegal activities such as making
or buying weapons, pyramid schemes, investment fraud, privacy violations,
or the creation of computer viruses.
You will use the EliteMate.com service in
a manner consistent with any and all applicable laws and regulations.
You will not include in your profile any offensive anatomical or
sexual references, or offensive sexually suggestive or connotative
language, and you will not post any photos containing nudity or
personal information.
EliteMate.com reserves the right, but has
no obligation, to reject any profile or photo that does not comply
with these prohibitions.
You will not remove any proprietary rights
notices nor engage in advertising to, or solicitation of, other
members to buy or sell any products or services through the Service.
You will not transmit any chain letters or junk E-mail to other
EliteMate.com Members.
You will not post, distribute or reproduce
in any way any copyrighted material, trademarks, or other proprietary
information without obtaining the prior written consent of the owner
of such proprietary rights.
You will not harvest or collect personal
information about other members without their express consent. You
will not use any robot, spider, site search, retrieval application
or other process to retrieve, hack, index, data mine, reproduce
or circumvent the navigational structure of this site nor its contents.
You are solely responsible for your interactions with other EliteMate.com
Members. EliteMate.com reserves the right, but has no obligation,
to monitor disputes between you and other Members. Any infraction
may lead to legal remedy
on behalf of EliteMate.com.
You agree that you will be billed in a reoccurring
automatic manner after you make your first credit card payment. If you would like to stop being billed
in a reoccurring automatic manner you must email
billing@elitemate.com,
provide your username, password, first name, last name, address,
city, state, zip code, email address and reason to stop reoccurring
billing.
EliteMate.com is happy to offer
services to users around the world. However, we are not permitted to
offer paid or premium services to users located in Belarus, Burma
(Myanmar), Cote D'Ivoire, Cuba, Democratic Republic of the Congo,
Iran, Iraq, Liberia, Lebanon, North Korea, Somalia, Sudan, Syria, or
the Balkans region (Albania, Bosnia and Herzegovina, Bulgaria,
Croatia, Kosovo, Macedonia, Moldova, Montenegro, and Serbia).
You agree that www.EliteMate.com
and its affiliates will send you promotional emails about their upcoming events, trips and
promotions. To opt-out from receiving emails from www.EliteMate.com,
point your browser to www.EliteMate.com, log-in with your username
and password, press go and it will bring you to the member home
page. Then go to Edit My Profile, scroll down to My Account Information,
press Edit and uncheck Send me Promotional & Informational Emails,
then press submit to finalize it.
You agree that you to accept EliteMate interface with your browser
as it is. These are our
browser requirements.
EliteMate is not compatible with any type of Web TV units and can
not provide tech support for Web TV technical issues. We
will supply technical support on Windows PC and Mac operating
systems via
customer service.
PRIVACY POLICY
This Privacy Policy applies to consumers that have signed up on
www.elitemate.com
website. We may use the personal information that you supply to
us and work with other third party businesses to bring selected
retail opportunities to our members via direct mail, email and
telemarketing. These businesses may include providers of direct
marketing services and applications, including lookup and reference,
data enhancement, suppression and validation and email marketing.
This privacy statement discloses the
information gathering and dissemination practices for this website. We
will notify you of changes to our Privacy Policy by posting the new
policy on this website and by e-mailing the new Privacy Policy to
registered members. For this reason, we recommend that you review our
Privacy Policy regularly so that you can stay informed of our
practices.
By using our services or submitting
information that we use in providing our services, you are accepting
the practices described in this Privacy Policy and expressly agreeing
to accept offers from us, our customers, and/or any third party to
whom we sell, license, transfer and/or share your email address or
other personal information. The 3rd parties to whom we sell, license,
transfer, and/or share this information include individuals and
companies engaged in the sales, marketing, advertising, and publishing
industries for various products and services.
The information we collect includes
name, address, age, date of birth, e-mail address, telephone number,
hair color, eye color, number of children, height, weight, race,
religion, occupation, education, the type of service you purchase,
your payment history, and, if applicable, the status of your
relationship with us as either a guest, paying member, model, and/or
affiliate. Additionally, our site has areas in which you may post
text, images, and video. Any information posted in these areas is
routinely archived. You can "opt out" of providing this additional
information by not entering it when asked, or if you have already
provided your information, you can change it by logging into your
member account.
We use the information that we collect to
provide our services, to contact you regarding new offers, and for
advertising purposes. We also use the information to contact customers
to further discuss customer interest in our company, the services that
we provide, and to send information regarding our company or partners,
such as promotions and events. The information we collect is also
sold, licensed, transferred, and/or shared with individuals and
companies engaged in the sales, marketing, advertising, and publishing
industries for various products and services in which you may be
interested.
We use a third party intermediary to
manage the credit card processing. This intermediary is solely a link
in the distribution chain, and is not permitted to store, retain, or
use the information provided, except for the sole purpose of credit
card processing.
We also automatically collect certain
information from visitors to, and customers of, the site, such as
Internet addresses, browser type, Internet Service Provider (ISP),
referring and exit page, operating system, timestamps, and clickstream
data. Some of the information is collected through the use of cookies.
This information is logged to help diagnose technical problems, and to
administer our site in order to constantly improve the quality of the
services we provide. We also track and analyze non-identifying and
aggregate usage and volume statistical information from our visitors
and customers and sell, license, transfer, and/or share such
information with third parties, such as our affiliates and other
interested businesses.
If you send personal correspondence, such
as emails or letters, or if other users or third parties send us
correspondence about your activities or postings, we will collect such
information into a file specific to you. We use information in the
file that we maintain for you, and other information that we obtain
from your use of the services, to resolve disputes, troubleshoot
problems, and enforce our customer agreements.
We cannot ensure that all of your
private communications and other personally identifiable information
will never be disclosed in ways not otherwise described in this
Privacy Policy. For example, we may be forced to disclose information
to the government or third parties under certain circumstances, or
third parties may unlawfully intercept or access transmissions or
private communications. We can (and you authorize us to) disclose any
information about you to law enforcement or other government officials
as we, in our sole discretion, believe necessary or appropriate in
connection with an investigation of fraud, intellectual property
infringements, or other activity that is illegal or may expose us to
legal liability.
By submitting your information you agree to receive a third party
newsletter from EliteMate.com and EliteMate News as well as any other
EliteMate.com LLC or third party offers that we may choose. There is
no cost to receive these email newsletter(s) or magazines via postal
mail. Should
you have any questions or concerns or if you would like to discontinue
receiving mailings simply email us at
aff@elitemate.com or opt out
here automatically.
INDEMNIFICATION
You will indemnify, defend and hold harmless
EliteMate.com, its officers, directors, employees, agents, representatives
and third parties, for any losses, costs, liabilities and expenses
(including reasonable attorneys' fees) relating to or arising out
of your use of the EliteMate.com service, including any breach by
you of the terms of this Agreement.
PROPRIETARY RIGHTS
EliteMate.com owns and retains other proprietary
rights in the EliteMate.com service. The Service contains the copyrighted
material, trademarks, and other proprietary information and intellectual
property of EliteMate.com and its licensors. In addition, other
Members may post copyrighted information, which has copyright protection
whether or not it is identified as copyrighted. Except for that
information which is in the public domain or for which you have
been given permission, you will not copy, modify, publish, transmit,
distribute, perform, display, or sell any such proprietary information.
By posting information or content to any
public area of EliteMate.com, you automatically grant, and you represent
and warrant that you have the right to grant, to EliteMate.com and
other EliteMate.com Members an irrevocable, perpetual, non-exclusive,
royalty-free, worldwide license to use, copy, perform, display and
distribute such information and content and to prepare derivative
works of, or incorporate into other works, such information and
content, and to grant and authorize sublicenses of the foregoing.
CONFIDENTIAL INFORMATION SUPPLIED
BY MEMBER
EliteMate.com shall use its best efforts
to maintain the members' information confidential, including confidential
information such as credit card details etc., and shall use or disclose
such information only for the purposes for which such information
was collected, or as required by law.
COMPLAINTS
To resolve a complaint regarding the EliteMate.com
service, you should first contact EliteMate.com
Customer Support. You are however solely responsible for your
interactions with other Members.
DISCLAIMER OF WARRANTY
EliteMate.com provides the EliteMate.com
service on an "as is" basis and grants no warranties of
any kind, express, implied, statutory, in any communication with
EliteMate.com or its representatives, or otherwise with respect
to the service. EliteMate.com specifically disclaims any implied
warranties of merchantability, fitness for a particular purpose,
or non-infringement. EliteMate.com does not warrant that your use
of the EliteMate.com service will be secure, uninterrupted, always
available, or error-free, or will meet your requirements, or that
any defects in the Service will be corrected.
EliteMate.com disclaims liability for, and
no warranty is made with respect to telephone services, including
coverage, range, or any interruption in telephone service. This
Site may contain links to other sites or resources. We neither control
nor endorse them. You acknowledge and agree that EliteMate.com shall
not be held responsibility for the legality, accuracy or inappropriate
nature of any content, advertising, products services or information
located on such other sites nor for any loss or damage alleged to
have been caused by the use or reliance thereof.
Please
be advised that refunds are handled on a case-by-case basis by
EliteMate.com LLC's
Consumer Support Department.
Lifetime
memberships are granted for the life of the website, not the life of
the customer.
LIMITATION OF LIABILITY
In no event will EliteMate.com be liable
(i) to you for any incidental, consequential, or indirect damages
(including, but not limited to, damages for loss of data, loss of
programs, cost of procurement of substitute services or service
interruptions) arising out of the use of or inability to use the
EliteMate.com service, even if EliteMate.com or its agents or representatives
know or have been advised of the possibility of such damages or
(ii) to any person other than you. Notwithstanding anything to the
contrary contained herein, EliteMate.com's liability to you for
any cause whatsoever, and regardless of the form of the action,
will at all times be limited to the amount paid, if any, by you
to EliteMate.com for the service during the term of membership.
In addition, ELITEMATE disclaims all liability,
regardless of the form of action, for the acts or omissions of other
members or users (including unauthorized users, or "hackers")
of the EliteMate.com service. EliteMate.com reserves the right to
provide its members with special offers, emails and promotional
messages and items.
STATE-BY-STATE VARIATIONS
Certain jurisdictions limit the applicability
of warranty disclaimers and limitations of liability so the above
disclaimers of warranty and limitations of liability may not apply
to you.
GENERAL PROVISIONS
You agree that New York law (regardless
of any and all conflicts of law principles) shall govern this Agreement
in its entirety, and that any and all dispute(s) arising out of
or relating to this Agreement shall be subject to the federal and
state courts in the Eastern District of New York. This Agreement,
accepted upon registering for the EliteMate.com service, contains
the entire agreement between you and EliteMate.com regarding the
use of the Service. This Agreement may only be amended upon notice
by EliteMate.com to you, or in written form, signed by you and an
authorized official of EliteMate.com. Unless otherwise explicitly
stated, the Terms will survive termination of your membership to
the Service. If any provision of this Agreement is held invalid,
the remainder of this Agreement shall continue in full force and
effect.
NON-COMMERCIAL USE BY MEMBERS
EliteMate.com is for the personal use of
individual Members only and may not be used in connection with any
commercial endeavors. Any unauthorized and/or illegal uses of the
site, including the unauthorized framing or linking to the site
will be investigated and appropriate legal action will be undertaken
including, without limitation, civil, criminal and injunctive redress.
COPYRIGHT POLICY
Termination of User Privileges for Infringement
and Contact Information for Suspected Copyright and Intellectual
Property Infringement:
We will terminate the privileges of any
user who uses this Site to unlawfully transmit copyrighted material
without a license, express consent, valid defense or a fair use
exemption to do so. In particular, users who submit User Content
to this Site, whether articles, images, stories, software or other
trademarked or copyrightable material MUST ensure that the content
they upload does not infringe the copyrights, trademarks nor other
rights of third parties (such as privacy or publicity rights). After
proper notification by the copyright or intellectual property holder
or its agent to us, and confirmation through court order or admission
by the user that they have used this Site as an instrument of unlawful
infringement, we will terminate the infringing users' rights to
use and/or access to this Site. We may also in our sole discretion
decide to terminate a user's rights to use or access to the Site
prior to that time if we have a good faith belief that the alleged
infringement has occurred. EliteMate.com shall not be responsible
for the acts of infringing users and such infringing users shall
indemnify and hold harmless EliteMate.com, its officers, agents,
employees, et al. from any and all damages, liabilities and expenses
brought about by the infringement.
The Subscriber hereby specifically acknowledges
that Elitemate.com is NOT an information content provider and is
thus not responsible for the creation or development of the information
being provided
If you believe that your copyright
or intellectual property has been infringed through the use of this
Site, please contact
customer service.
Updated last on 1/1/2020
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